Supreme Court Remands Tiracol Bridge Case for Fresh Hearing on Environmental Concerns

The Supreme Court of India has issued a significant judgment in The Goa Foundation v. The Goa State Environment Impact Assessment Authority & Ors., addressing environmental concerns related to the construction of the Tiracol Bridge in Goa. The case revolves around allegations that the bridge construction violated the Coastal Regulation Zone (CRZ) Notification and was planned in a No Development Zone (NDZ) without adequate mitigation measures.

Background of the Case

The dispute originated when The Goa Foundation, an environmental organization, filed an original application before the National Green Tribunal (NGT) under Sections 14 and 15 of the National Green Tribunal Act, 2010. The petition challenged the construction of the Tiracol Bridge on Querim Beach, alleging that it was being built in violation of environmental regulations.

The Tribunal initially passed an interim order of status quo and later sought a report from the National Institute of Ocean Technology (NIOT). Based on this report, the NGT permitted the bridge construction to proceed while mandating compliance with environmental safeguards.

Key Legal Issues Before the Supreme Court

Whether the NGT’s decision to allow construction of the Tiracol Bridge without addressing objections to the NIOT report violated principles of natural justice.
Whether the construction was compliant with the CRZ Notification and other environmental laws.
Whether the case should be remanded for a fresh hearing to consider all objections.

Petitioner’s Arguments

The Goa Foundation argued:

The NGT failed to consider objections filed against the NIOT report before permitting construction.
The bridge was planned in an NDZ without the necessary environmental clearances.
The Tribunal’s decision to approve construction without a hearing violated the principles of natural justice.

Respondent’s Arguments

The respondents, including the Goa State Environment Impact Assessment Authority, countered:

The NIOT report had assessed the environmental impact, and the Tribunal’s order had incorporated necessary safeguards.
The objections raised were considered by the third respondent, and the Tribunal had acted within its jurisdiction.
The bridge was crucial for infrastructure development and did not pose significant environmental risks.

Supreme Court’s Observations

The Supreme Court made the following key observations:

1. Violation of Natural Justice

The Court found that the Tribunal did not address the objections raised by the appellant before passing its order. It ruled that failure to provide an opportunity for hearing before finalizing the NIOT report constituted a breach of natural justice.

2. Need for Fresh Hearing

The Court held that the matter must be remanded to the Tribunal for a fresh hearing. It emphasized that the environmental concerns raised by The Goa Foundation deserved proper adjudication.

3. Jurisdiction of the Western Zonal Bench

The Court directed that, following a Full Bench ruling of the Bombay High Court, the case should now be heard by the Western Zonal Bench of the NGT instead of the Principal Bench in New Delhi.

Final Judgment

The Supreme Court ruled:

The Tribunal’s orders dated January 22, 2020, and January 17, 2022, were quashed.
The original application was restored and transferred to the Western Zonal Bench of the NGT for a fresh hearing.
The parties were directed to appear before the Tribunal on September 9, 2024.
Interim relief granted by the Supreme Court on July 10, 2023, staying construction, would continue until the Tribunal’s final decision.

Implications of the Judgment

This ruling reaffirms the fundamental right to a clean environment under Article 21 of the Constitution. It ensures that environmental impact assessments and objections must be thoroughly considered before permitting infrastructure projects in ecologically sensitive areas.

The judgment highlights the importance of procedural fairness in environmental litigation, setting a precedent for future cases involving developmental projects in CRZ and NDZ areas.

Petitioner Name: The Goa Foundation.
Respondent Name: The Goa State Environment Impact Assessment Authority & Ors..
Judgment By: Justice Abhay S. Oka, Justice Augustine George Masih.
Place Of Incident: Querim Beach, Goa.
Judgment Date: 23-07-2024.

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